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Minimum holiday law for workers (Federal Holidays Act) BUrlG Ausfertigung date: 08.01.1963 full quotation: "Federal holiday law in the Federal Law Gazette Part III, outline number 800-4, adjusted version published, most recently by article 3 paragraph 3 of the law of 20 April 2013 (BGBl. I p. 868) is changed" stand: last amended by art. 3 para 3 G v. 20.4.2013 I 868 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.11.1974 +++) (+++ no longer apply requirements due to EinigVtr pursuant Article 20 G v. 6.6.1994 I 1170 mWv units and article 109 No. 3 2(2)(a) DBuchst. cc G v 8.12.2010 I 1864 mWv 15.12.2010 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: § 1 holiday every worker is entitled in each calendar year entitlement to paid annual leave.
Section 2 workers and employees, as well as the scope employees within the meaning of the Act are to their vocational training workers. Workers are considered people who are due to their economic dependency as employee-like persons; section 12 applies to the field of home work.
§ 3 (1) leave the holiday is at least 24 working days.
(2) all calendar days, which are not Sundays or public holidays are considered business days.
§ 4 wait the full holiday entitlement is acquired for the first time after wing of the employment relationship.
§ 5 part holiday (1) eligible for the employee has one twelfth of annual leave for each full month of the existence of the employment relationship a) for periods of one calendar year, for which he acquires no full leave entitlement due to non-compliance with the latency in this calendar year;
((b)) if he resigns before vested from the employment relationship;
c) when he retires after vested in the first half of a calendar year of employment.
(2) fractions of vacation days, which result in at least half a day, shall be rounded to full vacation days.
(3) of the workers in the case of paragraph 1 already received letter c holiday beyond the level available to him, so the holiday pay for paid can be not recovered.
§ 6 exclusion of double claims (1) the right to leave is not, as far as already from a previous employer holiday is granted to the employee for the current calendar year.
(2) the employer is obliged, handed a certificate on granted in the current calendar year or date leave at termination of employment the employee.
Time, portability and payment of leave (1) in determining time of leave are § 7 to consider unless urgent operational needs or holiday wishes of other workers who deserve the priority from a social perspective, preclude its consideration, the holiday wishes of the employee. The holiday is to provide, where required by the workers in the wake of a measure of medical care or rehabilitation.
(2) the holiday is contiguous to grant unless that operational or in the person of the employee badly require a sharing of leave. This leave may be granted not contiguously, and the employee is entitled to leave of more than twelve working days, so one of the parts of the holiday must include at least twelve consecutive working days.
(3) the holiday must be granted in the current calendar year and. A transfer of leave on the next calendar year is only permitted if justified by urgent reasons of operational or in the person of the employee. In the case of transfer, the holiday must be granted and taken in the first three months of the following calendar year. At the request of the employee to transfer a emergent part holiday letter according to § 5 para 1 however on the next calendar year.
(4) the holiday due to termination of employment may be granted entirely or partially no longer, so he is to pay.
Section 8 employment while on vacation while on vacation may workers not work contrary to the purpose of the holidays afford.
§ 9 disease while on vacation a worker becomes ill while on vacation, as of incapacity for work to the annual leave days proven by medical certificate do not count.
§ 10 measures of medical care or rehabilitation measures of the medical care or rehabilitation do not count on the holiday, unless there is entitlement to sick pay under the statutory rules on the remuneration in case of sickness.
§ 11 (1) vacation pay vacation pay is calculated according to the average earnings of workers has received in the last thirteen weeks before the start of the holiday, with the exception of the work earnings paid for overtime. Merit increases of not only temporary in nature, that occur during the calculation period or leave, is to assume the increased earnings. Earnings cuts, which enter into the calculation period as a result of short-time work, absenteeism or work without fault, failure, stay for the calculation of vacation pay out of account. Belonging to pay remuneration in kind continue not granted during leave, are adequate to pay in cash for the duration of the holiday.
(2) the holiday pay is to be paid before the start of the holiday.
§ 12 holiday in the area of homework for the work at home employees and the them after section 1 para 2 letters a to c of the home work Act equivalent for the scheme of paid leave is not specifically exempted from equality, apply the above provisions with the exception of paragraphs 4 to 6, 7 para 3 and 4 and article 11 in accordance with the following provisions: 1. homeworkers (§ 1 para 1 letter a work at home) and according to § 1 para 2 equals letter a homework receive from their Contracting authority or, if they are employed by an intermediate master of this when a claim to 24 working days a holiday pay of 9.1 per cent of the wages earned during the period from May 1st until April 30th of the following year or to the termination of the employment relationship before deduction of taxes and social security contributions without overhead charge and that for the loss of pay on holidays , the loss of work due to illness and the holidays to be paid payments.
2. the qualifying was in the calculation period not constantly busy, so only so many vacation days need without prejudice to the entitlement to holiday pay according to number 1 to be given as average day merits, he has generally achieved, are included in the holiday pay according to number 1.
3. vacation pay for the persons referred to in paragraph 1 shall be paid only when the last pay before the start of the holiday.
4. hausgewerbetreibende (article 1, paragraph 1 letter b of the homework Act) and according to § 1 para 2 letters get equals b and c of the home work Act by their principal or, if they are employed by an intermediate master, of this as your own holiday pay and to secure the holiday claims one employees of them amounting to 9.1 per cent of the remuneration paid to them before deduction of taxes and social security contributions without overhead charge and that for the loss of pay on holidays , the loss of work due to illness and the holidays to be paid payments.
5. intermediate champion, the in work at home employees after § 1 paragraph 2 letter d of the home work Act are equal, are against their employer entitled to which of them according to the numbers 1 and 4 proven amounts to be paid.
6. the amounts are separately in the charging document to identify paragraphs 1, 4 and 5.
7. through collective agreement can be determined, that home workers (§ 1 para 1 letter a homework), which are active only for a customer and according to the tariff generally are treated as operating workers, holiday received according to the terms of the holiday.
8 the amounts provided for in paragraphs 1, 4 and 5 the § § 23 to 25, 27 and 28 and on the amounts provided for in points 1 and 4 will also find apply accordingly § 21 para 2 of the home work Act. Section 26 of the home work Act also applies for the leave entitlements of foreign auxiliaries of the persons referred to in paragraph 4.
§ 13 imperative (1) of the foregoing regulations with the exception of paragraphs 1, 2 and 3 para 1 may be waived in collective agreements. The differing provisions have validity between non-tariff-bound employers and workers, if the application of the relevant tariff holiday scheme has been agreed between them. The rest can be derogated from apart from section 7 para 2 sentence 2, of the provisions of this Act not to the detriment of the employee.
(2) for the construction industry or other sectors of the economy, where as a result of frequent movement of the work to be paid by the companies, employment of shorter duration than a year ago to considerable extent are common, set can be derogated from by agreement by the preceding legislation in paragraph 1 1 designated boundary, insofar as this is necessary to ensure a continuous annual leave for all workers. Paragraph 1 sentence 2 shall mutatis mutandis.
(3) for the area of Deutsche Bahn Aktiengesellschaft as well as one in accordance with article 2, paragraph 1 and article 3, par. 3 of the Deutsche Bahn founding law of 27 December 1993 (Federal Law Gazette I p. 2378, 2386) outsourced company and for the area of the Deutsche Bundespost successor companies can be departed from the requirement for the calendar year as the leave year (§ 1) in collective agreements.
§ 14 Berlin clause this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin.
Article 15 without prejudice to amendment and repeal of laws (1) the holiday provisions of the workplace protection law of March 30, 1957 (Bundesgesetzbl. I p. 293), amended by the law of March 22, 1962 (Bundesgesetzbl. I p. 169), the ninth book the social law of the prevocational by August 9, 1960 (Bundesgesetzbl. I p. 665), amended by the law of July 20, 1962 (Bundesgesetzbl. I p. 449), and the maritime labour code by April 20, 2013 (Federal Law Gazette I p. 868), however is a) and b)...
(2) with the entry into force of this Act, the national rules on the vacation override occur. In effect, however, remain the national provisions on leave for victims of national socialism, and for such workers, who are mentally handicapped physically in their earning capacity.
section 15a of the transitional provision located workers a day after 9 December 1998 to 1 January 1999 or beyond a measure of medical care or rehabilitation, you are authoritative for this period since January 1, 1999 regulations, unless they are less favourable for the workers.
Article 16 entry into force this law enters into force with effect from January 1, 1963.
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